Opinion · Supreme Court of the United States

United States v. Texas

United States v. Tex., 595 U.S. 74 (2021)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
2021-12-10
Topic
litigation

How later courts describe this case

  • holding that the Attorney General did not satisfy Ex parte Young exception because he did not possess “any enforcement authority” for Texas Senate Bill 8
  • holding that while private parties bringing suits under a state statute “may be litigants adverse to the petitioners,” the “state-court judges who decide them generally are not”
  • finding that no law suggests allowing injunctive relief against state-court clerks while holding the judges they serve immune from suit
  • stating that “nothing … supports the[] novel suggestion that we should allow … relief against state-court clerks, all while simultaneously holding the judges they serve immune”
  • explaining that Ex parte Young “allows certain private parties to seek judicial orders in federal court preventing state executive officials from enforcing state laws that are contrary to federal law”
  • “Accordingly, on the record before us the petitioners cannot establish ‘personal injury fairly traceable to [Mr. Dickson’s] allegedly unlawful conduct.’”
  • considering whether the pendent-appellate-jurisdiction exception was met in the context of an interlocutory appeal in a criminal case
  • rejecting a pre-enforcement challenge to a Texas law providing for civil enforcement of abortion ban

Citator

UpLaw has not yet analyzed United States v. Texas. The absence of a flag is not a finding that it is good law.

Cited by
112 opinions
(Slip Opinion)            Cite as:
595 U. S. ____ 
 (2021)                                 1

                                      Per Curiam

       NOTICE: This opinion is subject to formal revision before publication in the
       preliminary print of the United States Reports. Readers are requested to
       notify the Reporter of Decisions, Supreme Court of the United States, Wash-
       ington, D. C. 20543, of any typographical or other formal errors, in order that
       corrections may be made before the preliminary print goes to press.


SUPREME COURT OF THE UNITED STATES
                                      _________________

                                 No. 21–588 (21A85)
                                      _________________


     UNITED STATES, PETITIONER v. TEXAS, ET AL.
 ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
            APPEALS FOR THE FIFTH CIRCUIT
                                 [December 10, 2021]

  PER CURIAM.
  The writ of certiorari is dismissed as improvidently
granted. The application to vacate stay presented to
JUSTICE ALITO and by him referred to the Court is denied.

                                                                     It is so ordered.

  JUSTICE SOTOMAYOR would grant the application to va-
cate stay in No. 21A85 and dissents from the dismissal of
No. 21–588 as improvidently granted.